The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24

visions OF this act In case any OF such viewers
! are unable TO serve the county commissioners
may appoint others in their steads Provided.
That before resembling any such action. or again
resublnittng the matt ers to the viewers aTore-
SAID, the county commissioners may in their
discretion, require of the petitioners new bond
In such sum as they deem necessary, with suffi-
Gent sureties. to be approved by the county
auditor, conditioned to pay all expenses already
made IN the proceedings had for the construa-
tlOn OF such drain, and also all expenses to he
made after such resubmissiOn, in case the county
commissioners shall fail to Law out and establish
such drain.
SEC. "a. All acts and parts of acts inconsist-
ent with this act are hereby repealed.
SEC 30. This act shall take effect and be in
force from and after its passage.
Approved March I'd, 1887.
AN ACT to provide for constructing bitches by
towns for the purpose OF drainage.
BE 1t enacted 10y the Legislature OF the State of
MINES Ota:
SECTION /. The supervisors OF any town NAV
lay out aid construct ditch within the limits
| OF such town for the purpose OF drainage, upon a
petition OF not less than six legal voters who
own real estate or who occupy real estate under
the homestead and pre- emptiOn law of the
United States, or under contract from the State
OF Minnesota. within one mile OF the ditch to be
| so constructed
SEC - whenever any number If legal voters,
as aforesaid, determine to petition the super
y!sors Tor the laying out or construction OF a
ditch they shall cause copy Of their petition to
| De posted up i'll three OF the most public places
OF the town twenty davs before any action is
had in relation theleto. Such petition shall de-
scribe as near as possible the course Of such
ditch, and shall give as near possible the
| points where such ditch shall begin and where
| the same shall terminate. and description OF
the lands through which such ditch is proposed
to be constructed
SEC. j. Upen receiving such petition the
SUPERVISORS llaiwithln thirty days. make out i
| no. ice and fix therein time and place at which
they Will meet and decide upon such petition.
! and shall, at least ten days previous to sucl,
| time. cause such notice to be Rivcn to all occu-
pants of the land through which such often is
proposed TO he constructed, which notice shall
be served personally or by copy lett at the usual
place of abode OF each of said occupants, proof
OF such service to he made by an affidavit OF the
supervisor making such service. The supervis-
Ors shall also cause copies OF such notice to be
posted in three public places i'll said town al
least ten days previous to such meeting. Every
such notice shall specify as nearly practica BILE
the ditch proposed to be laid out or constructed
and the several tracts OF land through which the
same may pass.
! SEC. l. The supervisors, at the time and place
| fixed in said notice. shall proceed to examine
personally the territory affected by said pro-
posed ditch. and shall hear any reasons for or
! against the LAYING out or constructing of the
same, and shall decide upon the application as
| they deem proper. Ii they decide in favor OF
LAYING out or constructing such ditch they shall
| make out, or cause to be made out, an accurate
description thereof and incorporate the same in
an order to be signed by them, and shall cause
/
attidavits of the service Of tice, to be filed in
| the Office of the town clerk, who shall note the
time OF filing the same and: on a refusal Of the
supervisors to lay out and construct such dit CHI
they shall note the fact on the back of the petit
| tion and file the same as aforesaid All orders
petitions and athdavits. together with the award
OF damages, shall be made out and filed within
! five days after the date OF the order for laying
| out or constructing such ditch, but the town
clerk shall not record such order within thirty
days nor until final decision is had, and not
then unless such order Is confirmed: and, in case
the supervisors shall fail file such order within
| twenty days, they shall be deemed to have de-
cided against suth petition; but if such order is
| confirmed and such order. together with the
award. has been recorded by said town clerk
the same shall be sent by him to the county
| auditor. who shall file and preserve all such
papers thus transmitted to him.
| SEC. ). An order laying out or directing the
construction of such ditch and copy OF the
| record duly certified by the town clerk shall be
| received in all courts rs competent evidence OF
| the facts therein contained and shall he prima
facie evidence of the regularity of the proceed
lngs prior 10 the making of such order except in
case OF appeal when an appeal has been taken
| within the time limited by this act.
| SEC. 6. The damages sustained by reason OF
laying out or construct ion OF such d. ch NAV be
! ascertained by the agreement OF the owners and
! supervisors and unless such agreement is made
and the owners shall in writing release all claim
| to DAMAGES the same shall be assessed in the
manner hereinafter prescribed before the same
is open or , used: Every agreement of the
! and shall forever preclude the owners OF land;
| from all further claims for damages not only TO,
| the taking OF land in the construction of such
| ditch, but also shall preclude the owner trou
! any claim for damages by the use Of such dit CHI
| In case the supervisors ana the owners of land
claiming damages can not agree, or if the owner
OF any land through which any such ditch shall
| be laid ont constructed is unanown the
supervisors shall. in their award. specify the
| amount OF damages awarded by them to all
| such owner or owners, giving perfect descrip-
tOn Of such parcel OF land in their award The
supervisors shall the damages at what
| they deem just and right with each individual
| with whom they cannot agree and deposit a
! statement of the amount OF damages so assessed
! to each individual with the town clerk, who
snail note the time of filing the same. The
! supervisors, in all cases OF assessing damages
shall estimate the advantages and benefits which
! such ditch and the construction thereof viii
confer OH the claimants for the same, we'll As
The disadvantages. ANY person living OH Unit ed
States land vino has made his dcclaratOry state
nent for the same in the p oper land office shall
for the purpose of this act, be considered the
| SEC. Z. The several acts and provisions OF
the General Statutes OF 1873, and the acts
anendatory thereto relating to appeals from the
award OF damages III the having out of highways
shall he appli: aLle to AN appeal from award OF
damages in laying ont or constructing bitches
under the provisions Of this act. aid such al-
peals shall he conducted under the provisions oil
! said laws
SEC. 8. Whenever the supervisors shall have
ordered the laying out or construction of ditto
| in conformity with the provisions OF this act the
same shall he opened and constructed under the
direction OF the supervisors Of such town. the
expense thereof to he paid by the town i'll which
such ditch is situated Whenever the snpervis-
Ors have laid out any ditch in conformity with
the provisions Of this chapter, and their decis-
! ion has not Seen appealed from, they shall have
| q rixht to go upon any land through which the
same is to be constructed for the purpose OF
| constructing or opening the same.
SEC 8. This act shall take effect and be In
force from and after its passage.
| Approved March 9Th, 1887.
~.
AN ACT to provide necessary crossings for the
passage of farm stock and for drainage under
railroad tracks.
Be it enacted by the Legislature of the State OF
Minnesota:
SECTION l. That whenever a railroad shall
hereafter be laid out. opened and fenced through
the farm lands Of any owner Of such lands in this
state, leaving parts Of such lands on both sides
OF such railroad, the said railroad, or persons
causing such railroad to be laid out, opened and
| fenced, shall construct necessary crossing OF
crossings, under, over across such railroad
| for the passage of stock to and from such parts
of SUCH lands but such crossings shall be so con
strucLed as not TO oGstruct such railroad.
SEC.2. That whelevera railroad is now laid out,
opened or fenced through the farm lands OF any
Snch thereof llaylny q IF nf for